State Cases

This section summarizes Constitutional challenges to renewable energy laws or administrative decisions in fourteen states. While there are ongoing proceedings, no proceeding has yet resulted in a court or administrative agency striking down a renewable energy law as unconstitutional. However, the Supreme Court affirmed lower court decisions holding that state incentives for natural gas fired power plants are preempted, and the 8th Circuit Court of Appeals affirmed a district court decision striking down a law prohibiting certain sales from new coal-fired plants.